U.S. v. WINSTON

No. 89-3087.

892 F.2d 112 (1989)

UNITED STATES of America, Appellant, v. John WINSTON.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 1989.


Attorney(s) appearing for the Case

Charles M. Steele, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellant.

Peter Buscemi, Washington, D.C., appointed by this court as amicus curiae, urging affirmance.

Before BUCKLEY, D.H. GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The United States appeals from a district court order granting appellee John Winston's motion to suppress cocaine seized from his totebag during his questioning and arrest by Drug Interdiction Unit officers at a bus station in Washington, D.C. Because we conclude that the questioning of Winston was not a "seizure" within the meaning of the Fourth Amendment and that he voluntarily...

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